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U.S. v. SOARES

No. 07-1479.

521 F.3d 117 (2008)

UNITED STATES of America, Appellee, v. Michael SOARES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 28, 2008.

Attorney(s) appearing for the Case

Albert F. Cullen, Jr. and Law Office of Albert F. Cullen, Jr., on brief for appellant.

Kelly Begg Lawrence, Assistant United States Attorney, and Michael J. Sullivan, United States Attorney, on brief for appellee.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and STAHL, Senior Circuit Judge.

TORRUELLA, Circuit Judge.

Michael Soares was the passenger in a car that the police stopped in a heavy crime area, late at night, for driving without headlights. During the course of the stop, Soares was removed from the car by the police and pat-frisked. A loaded handgun was found on his person. Soares argues that the police pat-frisked him in violation of the Fourth Amendment. Soares's motion to suppress the hand-gun was denied by the district court, and he entered...

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